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ARTICLE · 01 NOVEMBER 2018

NAD to FTC...What Next?

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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The FTC has long provided full-throated support of self-regulation in the advertising arena and, specifically, of the work of the National Advertising Division.

United StatesMedia, Telecoms, IT, Entertainment

The FTC has long provided full-throated support of self-regulation in the advertising arena and, specifically, of the work of the National Advertising Division.  Indeed, anyone who has attended an ad law conference has heard an FTC staff lawyer say that cases referred to the FTC from NAD "go to the top of the pile."  Indeed, at this year's NAD conference, we even heard a data-driven analysis of what happens to those cases.  (Hint: FTC pursues them, though not necessarily in a formal enforcement action.)

What does that referral look like in practice?  Three recent cases provide some color.

On October 19th, NAD announced that it had referred advertising claims made by LG Electronics USA, Inc., to the FTC for further review, following LG's decision not to comply with NAD recommendations regarding its "perfect black" and "infinite contrast" claims for its LG Super UHD and LG OLED televisions.  Of particular interest in that case is the fact that LG had initially

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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